AMERICAN EDUCATIONAL RESEARCH ASSOCIATION, INC. et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 81

MOTION for Leave to File Amicus Curiae Brief by PUBLIC KNOWLEDGE (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Duan, Charles)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
AMERICAN EDUCATIONAL RESEARCH
ASSOCIATION, INC., AMERICAN
PSYCHOLOGICAL ASSOCIATION, INC.,
and NATIONAL COUNCIL ON
MEASUREMENT IN EDUCATION, INC.,

No. 1:14-cv-857 (TSC/DAR)

Plaintiffs,
v.
PUBLIC.RESOURCE.ORG,
Defendant.

MOTION OF PUBLIC KNOWLEDGE
FOR LEAVE TO FILE A BRIEF OF AMICUS CURIAE
Proposed amicus curiae Public Knowledge hereby move for leave to file a brief in the present
case in support of Defendant. The proposed brief is attached to this motion. All parties have granted
blanket consent for the filing of amicus curiae briefs in this case. See Joint Report Proposed Summ.
J. Briefing Schedule 3, Oct. 30, 2015 (Doc. No. 58); Minute Order Setting Briefing Schedule, Nov.
4, 2015.
Amicus is a nonprofit organization with substantial interests and expertise in copyright law
and policy, as described in the Interest of Amicus Curiae section of the tendered brief. Amicus
has an interest in preserving the public’s access to important knowledge, and knowledge of the
law is paramount among these interests. Amicus has regularly filed briefs in cases advocating the
position of the public interest in intellectual property law, and its briefs have been relied upon and
approvingly cited by courts.
Participation of amicus is important in the present case due to the effects for the public that
this case will have. Plaintiffs contend that they may maintain copyright over, and thus may restrain

Rev. 1239ca91

access at will to, the exact texts of law and regulation that govern United States citizens. A decision
that such copyright is present and enforceable would severely burden the public’s ability to know,
understand, and communicate the law. This critical public interest deserves representation before
this Court.
Furthermore, this public interest perspective is substantially unique and distinct from those of
the parties to the case. While Public Resource speaks from the point of view of one who publish
legal texts, amicus represents the views of those who read and use legal texts. Accordingly, representation of that public perspective is crucial to this Court’s understanding of the case, and the
tendered brief will thus be useful to this Court.
For at least the foregoing reasons, amicus submits that the tendered brief is desirable, that the
positions therein are not adequately represented by a party, and that the matters asserted are relevant
to the disposition of the case. Leave to file is respectfully requested.

Respectfully submitted,
Dated: February 11, 2016

/s/ Charles Duan
Charles Duan (D.C. Bar No. 1013998)
Public Knowledge
1818 N Street NW, Suite 410
Washington, DC 20036
[phone]
[e-mail]
Counsel for amicus curiae

2

CERTIFICATE OF SERVICE
I hereby certify that on February 11, 2016, I caused the foregoing Motion of Public Knowledge
for Leave to File a Brief of Amicus Curiae to be electronically filed with the Clerk of the Court
using CM/ECF, which will automatically send email notification of such filing to all counsel of
record.

Dated: February 11, 2016

/s/ Charles Duan
Charles Duan
Counsel for amicus curiae

3